DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-15 are pending.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by CURETTI (EP 2052842 A1) (from IDS).
Re: 1, CURETTI teaches of a system for producing containers from preforms 11, the system (see Figs. 1 and 2) comprising
a production machine 15 (preform production part) for producing preforms 11 (see preform production part 10, Fig. 1, see [0038], and also injection molding machine and mould, see [0031]),
a blow molding machine 25 (container production part) for producing containers from preforms 11 (see blow molding [0035]),
a transport device 14 (transfer means 14, [0039]) for feeding preforms from the production machine to the blow molding machine and a storage device, to which preforms can be fed from the transport device at a removal point and transferred to the transport device at a transfer point (see [0042], wherein the flexible link 29 includes rail, carriage, robot, arm, and other transfer of preforms between preform production 15 and container blow station 25, the transport including conditioning range and accumulator zone 28 for conditioning preforms prior to being transferred to the container blow station 25, and include temperature regulating elements, see [0040]),
wherein the storage device comprises a temperature-control device 24 (control means) for adjusting temperature for temperature-control of the preforms (see [0019, 0029, 0030, 0040, 0043-0045], particularly as seen in the temperature sensor 31 which is linked back to the regulation of the heating or cooling or time in the conditioning range based upon measurement by the sensor, see in particular [0045]).
Re: 2 (upon 1), wherein the removal point is arranged upstream or downstream of the transfer point in the transport direction of the preforms in the transport device.
(In CURETTI, the removal point can be observed as the transfer between the conditioning on to the blow molding station)
Re: 3 (upon 1), wherein the system comprises a control unit for controlling the temperature-control device depending on a target temperature of the preforms.
(See [0045] of CURETTI)
Re: 4 (upon 3), wherein the system comprises a sensor for determining a temperature of preforms in the transport device and wherein the target temperature is dependent on the determined temperature and/or on requirements when producing containers from the preforms with the blow molding machine.
(See in CURETTI of temperature sensor 31, [0045], as it measures just before the preform is placed into the cavity of the blow mold)
Re: 5 (upon 4), wherein the sensor is arranged so that it can determine the temperature of the preforms in a region of the transfer point.
(See teaching in CURETTI for claim 3 above, [0045])
Re: 6 (upon 3), wherein the control unit is designed to control the temperature-control device such that the preforms have the target temperature at a transfer time.
(See the teaching in CURETTI of adjustment, for optimization, see [0019-0021])
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over CURETTI as applied to claim 3 above, and further in view of HAYAKAWA (US 12421093 B2).
Re: 7 (upon 3), wherein the control unit is designed to control the temperature-control device depending on a planned end of operation of the production machine such that the preforms have the target temperature at the planned end of operation.
CURETTI does not specifically teach of the planned end of the operation of the production machine, though CURETTI does teach of operation control including adjustment for the processing operations based upon temperature sensor readings.
In HAYAKAWA regarding operations that include process operations of molded caps, there is teaching of the production wherein the controller includes movement stopping based upon the number of caps accumulated based upon a sensor reading. This controlled stopping based upon the numbers detected would also include the concept of the planned end of operation as based upon the numbers of units produced/processed.
It would have been obvious for one of ordinary skill in the art to have modified the controlling means of the CURETTI with the steps that includes stopping the operation as taught by HAYAKAWA as per reaching the number of products produced in the operation.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over CURETTI in view of HAYAKAWA as applied to claim 7 above, and further in view of COXHEAD (EP 0813949 B1, see IDS).
Re: 8 (upon 7), wherein the system is designed in such a way that the preforms are fed to the transport device from the storage device when there are no more preforms in the transport device upstream of the transfer point.
The CURETTI reference does not specifically state of the design for operation when no more preforms upstream of the transfer point.
COXHEAD in the same field of endeavor teaches of the article handling system between the associated molding machines, see [0073], and includes a buffer storage area in the transferring of the articles between the machines, and wherein, allowing for continued operation of each of the associated molding machines should the other one of the associated molding machines have to be shut down.
It would have been obvious for one of ordinary skill in the art to have modified the method of CURETTI with the additional buffering step as taught by COXHEAD that encompasses the claimed storage device to transport device as it allows for running of the operation with increased efficiency (see [0073] of COXHEAD).
Claim(s) 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CURETTI in view of COXHEAD (EP 0813949 B1, see IDS).
Re: 9, method for producing containers from preforms 11 by means of a system (see Figs. 1 and 2) , the system comprising
a production machine 15 for producing preforms 11 (see preform production part 10, Fig. 1, see [0038], and also injection molding machine and mould, see [0031]),
a blow molding machine 25 for producing containers from preforms (see blow molding [0035]),
a transport device 14 (transport means, [0039]) for feeding preforms from the production machine to the blow molding machine and a storage device to which preforms can be fed from the transport device at a removal point and transferred to the transport device at a transfer point (see [0042], wherein the flexible link 29 includes rail, carriage, robot, arm, and other transfer of preforms between preform production 15 and container blow station 25, the transport including conditioning range and accumulator zone 28 for conditioning preforms prior to being transferred to the container blow station 25, and include temperature regulating elements, see [0040]),
wherein the storage device comprises a temperature-control device 24 (control means) for temperature-control of the preforms, (see [0019, 0029, 0030, 0040, 0043-0045], particularly as seen in the temperature sensor 31 which is linked back to the regulation of the heating or cooling or time in the conditioning range based upon measurement by the sensor, see in particular [0045]).
(method of producing, see teachings in claim 1 also)
CURETTI does not specifically state of “the method comprising feeding preforms from the storage device to the transport device when there are no preforms upstream of the transfer point, at least temporarily”.
COXHEAD in the same field of endeavor teaches of the article handling system between the associated molding machines, see [0073], and includes a buffer storage area in the transferring of the articles between the machines, and wherein, allowing for continued operation of each of the associated molding machines should the other one of the associated molding machines have to be shut down.
It would have been obvious for one of ordinary skill in the art to have modified the method of CURETTI with the additional buffering step as taught by COXHEAD that encompasses the claimed storage device to transport device as it allows for running of the operation with increased efficiency (see [0073] of COXHEAD).
Re: 10 (upon 9), wherein the removal point is arranged upstream or downstream of the transfer point in the transport direction of the preforms in the transport device.
(similar to claim 2 above, In CURETTI, the removal point can be observed as the transfer between the conditioning on to the blow molding station)
Re: 11 (upon 9), wherein the system comprises a control unit which controls the temperature-control device depending on a target temperature of the preforms.
(similar to claim 3 above, see [0045] of CURETTI)
Re: 12 (upon 11), wherein the system comprises a sensor for determining a temperature of preforms in the transport device and wherein the target temperature is dependent on the determined temperature, wherein optionally the sensor is arranged such that it determines the temperature of the preforms in a region of the transfer point.
(similar to claim 4 and claim 5 above, see in CURETTI of temperature sensor 31, [0045], as it measures just before the preform is placed into the cavity of the blow mold)
Re: 13 (upon 11), wherein the control unit controls the temperature-control device such that the preforms have the target temperature at a transfer time.
(similar to claim 6 above, see the teaching in CURETTI of adjustment, for optimization, see [0019-0021])
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CURETTI in view of COXHEAD as applied to claim 13 above, and further in view of HAYAKAWA (US 12421093 B2).
Re: 14 (upon 13), wherein the control unit controls the temperature-control device depending on a planned end of operation of the production machine such that the preforms have the target temperature at the planned end of operation.
(similar to claim 7 above, see teaching of CURETTI in view of HAYAKAWA)
CURETTI does not specifically teach of the planned end of the operation of the production machine, though CURETTI does teach of operation control including adjustment for the processing operations based upon temperature sensor readings.
In HAYAKAWA regarding operations that include process operations of molded caps, there is teaching of the production wherein the controller includes movement stopping based upon the number of caps accumulated based upon a sensor reading. This controlled stopping based upon the numbers detected would also include the concept of the planned end of operation as based upon the numbers of units produced/processed.
It would have been obvious for one of ordinary skill in the art to have modified the controlling means of CURETTI in view of COXHEAD with the steps that includes stopping the operation as taught by HAYAKAWA as per reaching the number of products produced in the operation.
Re: 15 (upon 13), wherein the control unit determines the end of operation based on a number of preforms in the storage device and/or based on a number of containers to be produced.
(see teaching in claim 7 above concerning the number of preforms taught in the HAYAKAWA reference)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form, of particular note:
HIDAKA (US 2023/0278276 A1) teaches of a system and method with preform forming with control means for executing the operation [0034], transfer means, see Fig. 1, and further of temperature sensors [0041].
SANTAIS (US 2019/0022917 A1) teaches of a system and method of handling preforms/blanks via transfer means (see carousel), and see abstract, and see control unit [0004].
MEINZINGER (US 2011/0057362 A1) teaches of a transfer means for preforms and a control for handling/operation based upon temperature profile from the sensor 10, see [0033].
LITZENBERG (US 2017/0197352 A1) teaches in [0008] of injection molded preforms that are then handled in a temporary storage before moving on to be blow molded into a container.
VOTH (US 2011/0291332 A1) teaches of preform forming and blow molding, further and controlling the temperature of the preforms including temperature sensor, [0020, 0042], and preforms being kept in storage device, see [0047].
COXHEAD (US 5772951 A) teaches of injection molding preforms and includes handling and further buffer storage area, see storage rack 22, see Figs. 1 and 6-7.
SPURR (US 4140464 A) teaches of injection molding and parison handling , wherein the parisons are placed into storage that are then fed to a blow molding station.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xiao S Zhao can be reached at 571-270-5343. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL S LUK/Primary Examiner, Art Unit 1744